The above-captioned case was scheduled for hearing on May 29, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Richard, Pearson and Filippi were present.   The fire service was represented by Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Richard.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a July 14, 2000 inspection report complied by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the May 29, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the July 14, 2000 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	
Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term “approved”, as used herein, is defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

2. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved supervised fire alarm system, in accordance with the provisions of section 23-28.25-4(b), at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.  Notwithstanding the above, in the event  the Applicant is able to provide complete rated separation of the two 6-unit apartment clusters within this complex, to the satisfaction of the East Providence Fire Marshal, the Applicant may then, as an alternative to the above supervised system, provide each cluster with an approved local fire alarm system, installed in accordance the provisions of section 23-28.25-4 (a), at the direction and to the satisfaction of the East Providence Fire Marshal within 120 to days of the date of this decision.  

3. During the May 29, 2001 hearing this matter, the East Providence Fire Marshal's office advised the Board that it would not request full sprinkler coverage within this facility.  However, the parties agreed to provide a single, domestically-supplied sprinkler head over the boiler of this facility.  Accordingly, the Board hereby directs the Applicant to provide an approved domestically-supplied sprinkler head over the boiler of this facility installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

4. The Board hereby grants a variance from the provisions of section 23-28.9-3 in order to allow the Applicant to maintain the existing construction of the cited boiler room.  In granting this variance, the Board directs the Applicant to provide the boiler room with approved makeup air by uncovering the louvered makeup air panel at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

5. As a condition of the variances granted herein, the Board directs the Applicant provide this facility with approved exit signs installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

6. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing apartment door jambs of this facility with the approved solid core wood doors maintaining an approximate fire rating of 20 minutes or rated paneled doors with actual fire rating of 20 minutes or better.  The above doors, chosen by the Applicant, shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

7. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant maintain the existing swing of the cited egress doors.

8. The Board hereby grants a variance from the provisions of section 23-28.9-2 in order to allow the Applicant to maintain the existing construction of, and penetrations within, the boiler room.  As a condition of this variance, the Board directs the Applicant to provide the boiler with approved domestically supplied sprinkler head as outlined in item three above.

9. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant maintain the existing closets within the basement portion of the stairwells of this facility.  In granting this variance, it is the understanding of the Board that the closets have been emptied and locked. As a condition of this variance, the Board directs the Applicant to provide each closet door jamb with an approved 20 minute door utilizing the options outlined in item six above.  The above doors shall be installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

10. The Board hereby grants a variance from the provisions of section 23-28.16-13 in order to allow the Applicant to maintain fire extinguishers within each apartment unit of this facility. It is the understanding of the Board that the Applicant has, in fact, provided each apartment unit with an approved fire extinguisher.

STATUS OF DECISION AND APPEAL RIGHTS
	
This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicant’s timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board. (See: Board Rules and Regulations, section 6-2-17).
	
Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein. (See: Board Rules and Regulations, section 6-2-18)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification. (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy. (See: Board Rules and Regulations, section 6-2-20).
	
The Applicant may appeal the Board’s Decision, within thirty (30) days of 
the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].